- 22 - Petitioner relies on the same passages from the legislative history previously quoted to argue that the regulation at issue exceeds the Secretary’s authority. First, with respect to the example cited in the legislative history, petitioner argues that the passage indicates that Congress authorized regulations to cover only the situation set out in that example; i.e., where the amount owed to the foreign person is neither U.S. source nor effectively connected income. According to petitioner, Congress did not authorize regulations covering amounts owed that are U.S. source income, as in the instant case. Petitioner effectively reads “for example” as used in the committee reports as denoting the exclusive scenario in which the regulatory authority was intended to operate. We think this is at best a strained reading of “for example” and that the ordinary usage of that phrase does not suggest exclusivity. Regardless of whether petitioner or respondent (with whom we happen to agree) has the better interpretation of the passage, we conclude that respondent’s construction, as embodied in the challenged regulation, is a permissible one. Under the Chevron doctrine, that settles the matter. Respondent’s interpretation of the regulatory authority granted in section 267(a)(3) is reasonable in light of the legislative history and therefore is entitled to 8(...continued) payor and apply section 267(a)(2) where such payee has a U.S. method of accounting for the item.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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